Statement of claim for recognition of the deceased heir
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To the Panfilovsky District Court
Almaty region
Plaintiff: Valentina Veniaminovna IIN:
Proxy representative ........ Alexander Petrovich, Almaty, .
78 Phone: 8 747 .....
The defendant ........ Alexander Sergeevich, born on 13.10.1983. ..........
Dmitry Sergeevich, born on 02/06/1989, Russian Federation, Leningrad region,
Ivangorod, Fedyuninsky St. house. 17 sq. 48
STATEMENT OF CLAIM
My father died in 2009. .......... Valentina Veniaminovna - .......... Veniamin Seliverstovich, born in 1958. After his death, an inheritance case was opened: the heirs were ........ Valentina Veniaminovna and........ Sergey Veniaminovich. The subject of inheritance is a land plot at the address: Almaty region, Panfilovsky district, Zharkent, Tabynbayeva str., 83, which was given to him during the life of the deceased in 1961 for use for the construction of an apartment building. Subsequently, in 2014, Valya Veniaminovna applied to the Akim for granting the right of private ownership of a land plot at the address: Almaty region, Panfilovsky district, Zharkent, Tabynbayeva St. , 3. By decision of Akim of Panfilovsky district of Almaty No. 12-349 dated December 8, 2014 To Veniamin Seliverstovich, born in 1958. after A plot of land was allocated to private ownership at 83 Tabynbayeva St., Zharkent.cadastral number 03-266-004-1267. At the time of the discovery of the inheritance, the deceased did not even have ownership of the inherited property and acquired it only through his own efforts, at the material cost of Krupp V.V.
Statement of claim for recognition of the deceased heir
On August 12, 2014, Ke Veniaminovich died, which Ke V.V. immediately informed his sons: ........ To Alexander Sergeevich, and to Dmitry Sergeevich. In November 2014, Kruppa V.V. sent a notarized copy of the death certificate to the sons of the deceased. However, the latter did not come to the funeral and did not apply to the notary within six months to accept the inheritance. Article 1072-4 If the heir, by law or by will, died after the discovery of the inheritance, having failed to accept it within the time limit established by Article 1072-2 of this Code, the right to accept the share of the inheritance due to him passes to his heirs. This right of the deceased heir may be exercised by his heirs on a general basis during the remainder of the term for accepting the inheritance. If the remaining part of the term is less than three months, it is extended to three months. To A.S., Kruppa D.S. formally, they are heirs, but according to Article 1072 of the Civil Code of the Republic of Kazakhstan, "In order to acquire an inheritance, the heir must accept it."
Article 1072-1: Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue a certificate of inheritance to an official, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of inheritance. Or the heir must actually accept the inheritance (be registered, reside, bear the costs of maintaining the property) however...... A.S. and ........... D.S. lives in the Russian Federation, is not registered in the house at the address Almaty region, Panfilovsky district, Zharkent, St. Syzdyk Tabynbayeva 83. Article 1072-2 of the Civil Code of the Republic of Kazakhstan "Inheritance may be accepted within six months from the date of the opening of the inheritance." The inheritance after the death of K. S. Veniaminovich was opened in 2014, 4 years passed, during which K. Alek Sergeevich did not declare his rights to the house at the address Almaty region, Panfilovsky district, Zharkent, Syzdyk Tabynbaev St., although they reliably knew about the opening of the inheritance. According to P. 10 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 29, 2009 No. 5 "On some issues of application of inheritance legislation by courts": A defunct heir is an heir who renounced the inheritance, or who did not accept the inheritance within the time limits established by Article 1072-2 of the Civil Code, as well as who did not actually accept the inheritance and died earlier than the testator. Based on the above, guided by Articles 1072-1072-4 of the Civil Code of the Republic of Kazakhstan, Article 148,149 of the CPC of the Republic of Kazakhstan, I ask you to Recognize .......... Alexander Sergeevich, born on October 13, 1983, ......... Dmitry Sergeevich on February 06, 1989, by the deceased heirs after the death of ........ Sergei Veniaminovich. The application is in copies:
Birth certificate .......... V.V.
Birth certificate ....... S.V.
Death certificate ....... S.V.
Power of attorney, personal identification number, diploma of the representative.
Representative by proxy A.P.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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